BOMBAY HIGH COURT EXPRESSED CONCERN OVER NONPRODUCTION OF UNDERTRIALS EVERY 15 DAYS, INQUIRED IF MAGISTRATE COURTS HAVE VC FACILITY | S. 309 OF CRPC

The Bombay High Court in the case Tribhuvansing Raghunath Yadav vs The State of Maharashtra observed and has raised concerns with regards to the non-production of incarcerated prisoners before Metropolitan Magistrate Courts every 15 days and asked the prosecutor in order to inform if video conferencing facilities were provided in all MM Courts in Mumbai.

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The bench of Justice Bharati Dangre in the case was dealing with the bail application moved wherein Tribhuvansing Yadav, who being an accused in a forgery case, was not produced before the MM Court in Andheri on several dates.

The court stated that under section 309 of the Code of Criminal Procedure, CrPC, an accused who cannot be remanded to over 15 days of custody and must be produced before the court to justify his further detention.

The court in the case observed that the non-production was a regular feature, the bench of Justice Dangre directed the prisons department to file an affidavit on this aspect.